The claimant complained that her continued detention for mental health treatment contravened her human rights. She had been detained compulsorily for treatment. A later assessment provided that she could be at home, with a right to by required to continue treatment as an inpatient.
Held: The fact that a continued substantial part of her treatment would be as an inpatient meant that the order was valid. When considering the second stage of the procedure, the conditions at that time were to be considered, not those at the time of the original detention.
Judges:
Wilson J
Citations:
Times 11-Oct-2002, [2002] EWHC 1810 (Admin)
Links:
Statutes:
Mental Health Act 1983 3 20, European Convention on Human Rights 5
Jurisdiction:
England and Wales
Health
Updated: 06 June 2022; Ref: scu.177398
